Check this page regularly for a collection of the most interesting and informative articles related to public records issues.
Editorial: L.A. city attorney’s attempt to weaken public records law is harmful and wrong
Hydee Feldstein Soto has launched a misguided effort to weaken the state’s bedrock government transparency law.
Fresh off an embarrassing attempt to claw back Los Angeles police officer photos the city released in response to a public records request, City Atty. Hydee Feldstein Soto has launched another misguided effort — this time to weaken the state’s bedrock government transparency law.
Wrap-up: Colorado legislature again shuns CORA cost reform in 2023 session but removes some obstacles for records requesters
CFOIC had hoped the CORA bill would curb the fees government entities can charge to process records requests, especially after an expected bill on this topic never materialized in 2022. We’ve sounded the alarm about expensive CORA charges for years and pointed out last summer that soaring inflation could boost the maximum hourly research-and-retrieval rate — currently $33.58 — to $40 or more when Legislative Council recalculates it on July 1, 2024, as the law requires.
Texas Public Records Transparency Bill That Got Lost Amid GOP Infighting Finally Headed to Governor’s Desk
State law allows government agencies to withhold or heavily redact law enforcement records if a person has not been convicted of a crime or received probation. If approved by Abbott, the bill would close a long-standing loophole in the law that government agencies have used to withhold information in situations in which suspects die in police custody, are killed by law enforcement or kill themselves, as ProPublica and The Texas Tribune reported last month.
Bill would require public agencies across Alabama to respond to public records requests
In 2022, Huntsville received the “Golden Padlock” award from the Investigative Reporters and Editors, highlighting secretive governments, for failing to release body camera footage after a police officer shot and killed a man suffering from suicidal ideation.
Public Records Law and State Legislatures
In most states, legislatures are subject to the public records laws that apply to other public entities. However, these laws may contain exemptions that apply to the legislative branch, either for certain offices, such as the auditor or legal services, or for certain types of correspondence and documentation related to working papers, bill drafts and other records.
After a Soldier Died by Suicide, His Family Was Denied the Police Records. Texas Law Makes That Possible.
Killeen officials denied the soldier’s mother the records by citing an exception in Texas’ public records law that allows law enforcement agencies to withhold or heavily redact police reports if a person has not been convicted or received deferred adjudication in the case. The rule was established in 1997 as a way to protect the privacy of people who were accused of or arrested for criminal activity that’s never substantiated.
Wrap-up: Colorado legislature again shuns CORA cost reform in 2023 session but removes some obstacles for records requesters
Senate Bill 23-286, which passed on the General Assembly’s final day Monday, prohibits state agencies and local governments from requiring requesters to show identification to get CORA records. It obligates records custodians to accept credit cards or electronic payments for records if they already take them for other products and services, and it bars per-page charges for records provided in digital formats such as PDFs.
Public Integrity acquires tool to make data more accessible to journalists
The Accountability Project (TAP) solves a problem for journalists: Searching across public data sets can be arduous, particularly on deadline. It also creates opportunity: Finding threads across campaign finance data, property records, business ownership and other sources can yield important stories about conflicts of interest, outsized influence and other issues that warrant deeper public scrutiny.
Missouri childcare deserts include nearly half of kids 5 and under, new data shows
Almost half of all children in Missouri ages 5 and under, or about 202,000 kids, now live in child care deserts, The Missouri Independent and MuckRock found as part of a joint investigation, “Disappearing Day Care,” drawing from public records and data provided by the advocacy group Child Care Aware.
FOIA 101: Tips and Tricks to Make You a Transparency Master
Whether it’s your first request or your first request today, it never hurts to go over the basics. MuckRock’s compiled a lot of FOIA advice over the years, and with this project, it’s all in one place.
The Foilies 2023: Recognizing the worst in government transparency
“Misbehavior like this is why we created The Foilies, our annual tongue-in-cheek “awards” for agencies and officials that thwart the public’s right to government information or otherwise respond outrageously to requests for documents and records. Each year, the Electronic Frontier Foundation and MuckRock News, in partnership with the Association of Alternative Newsmedia, publish this list of ne’er-do-wells to celebrate Sunshine Week (March 12-18)—an annual event to raise the profile of the democratic concept of government transparency.”
ProPublica reporter wins 2023 Brechner Freedom of Information Award
Most experts agree that 911 call analysis is junk science. But Murphy’s reporting documented more than 100 cases in 26 states where law enforcement used the results of 911 call analysis against defendants, often outside proper legal discovery obligations and without scrutiny.
N.H. governor’s policy to destroy records within 30 days raises transparency concerns
The problem, as Spencer and advocates of government transparency see it, is that by the time someone requests certain e-mails or documents, they may have already been deleted or discarded. They believe the Governor’s policy of deleting correspondence and records within 30 days is illegal — and plan to challenge it in court.
Data: A Force for Good
Many Americans, if asked how data impacts them personally, would likely point to the convenience of social media, email, and online sales. But the societal benefits of data are manifold—and growing by the day. Understanding how data fosters economic opportunity, innovation, and a better quality of life is necessary to inform smart policymaking on issues like data privacy and security.
Sunshine Week 2023: Three major threats to government transparency — and three big wins
In the past year, we’ve seen numerous threats to transparency that endanger the public’s right to know about the actions of government officials, from state lawmakers rewriting rules to hide their communications to public officials’ use of auto-deleting messaging apps.In the past year, we’ve seen numerous threats to transparency that endanger the public’s right to know about the actions of government officials, from state lawmakers rewriting rules to hide their communications to public officials’ use of auto-deleting messaging apps.
An attempt to weaken Arkansas public records law fails in committee
After nearly three hours of testimony, much of it from citizens who identified themselves as Republicans, the House State Agencies and Governmental Affairs Committee rejected a proposal that would have “disemboweled” the state’s public records law, as one opponent described it.
Despite a progressive reputation, California is where public records laws are abused | Opinion
At the national level, we have a strong Freedom of Information Act. But as anyone who’s made a FOIA request to a federal agency can tell you, the bureaucrats in federal agencies habitually resist disclosing records, responding to FOIA requests with delays at best and flimsy denials at worst. Lloyd Chapman, president of the American Small Business League, a small business advocacy group which has fought and won dozens of FOIA lawsuits, says agencies either drag their feet or invoke weak excuses to avoid disclosing information about things as basic as the federal budget.
Dozens of open records requests to Wisconsin DOJ have sat for more than a year
The department’s Office of Open Government, which is responsible for responding to open records requests and answering public inquiries about the interpretation of open government laws, reported that in 2022 the agency received a record-high 924 public records requests — beating the previous record by 100.
Montana Senate passes public record request bill
The likelihood of both of those things happening is looking good: SB 232 sponsor Sen. Janet Ellis, D-Helena, worked with Gov. Greg Gianforte to develop a record request framework that both parties could live with, and an amended version of the bill unanimously passed the Senate March 2.
Watchdog: There’s an Open Government Crisis in New York State
72% of towns are not posting meeting documents online as required by law.
25% of towns are not posting meeting minutes or recordings online as required by law.
39% of counties failed to acknowledge a FOIL request within five business days as required by law.
28% of counties never acknowledged our FOIL request.